STATE OF GUJARAT Vs. SURESHKUMAR CHHOTALAL VYAS

JUDGEMENT

(1.) The present acquittal Appeal has been filed by the appellant - original complainant, State of Gujarat under Sec. 378 of the Cr. P.C., against the Judgment and order dated 20.10.2014 rendered by the learned Special Judge (GEB) and Additional Sessions Judge, Bhavnagar, in Special (GEB) Case No.325 of 2009. The said case was registered against the present respondent original accused for the offence under Sections 135 of the Indian Electricity Act.

(2.) According to the prosecution case, respondent - accused is not a regular customer of PGVCL in spite of that he has tempered with electric meter installed by PGVCL and thereby committed theft of electricity of Rs. 60,334.03 paise and, therefore, offence under Sec. 135 of the Indian Electricity Act, 2003 was registered. The complaint was filed before Bhavnagar PGVCL Police Station, vide CR No.II/1753 of 2006 for the alleged offence under Sec. 135 of the Indian Electricity Act.

(3.) On the basis of above allegations, charge was framed, readover and explained to the accused for the offence punishable under Sec. 135 of the Indian Electricity Act, 2003. The accused pleaded not guilty to the charge and claimed to be tried.